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HomeMy WebLinkAbout1972-03-06- to 1972-04-12 ATM-min 303 ANNUAL TOWN MEETING HELD MARCH 20, 1972 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :07 P. M. in Cary Memorial Hall. There were 203 Town Meeting Members present. The invocation was offered by Rev. Edward J. Gaudette, Assistant Pastor, St. Brigid' s Church. 8 :10 P. M. Allan F. Kenney, Chairman of the Board of Selectmen, asked that the meeting pause for a moment of silence in memory of David F. Toomey, Town Meeting Member from Precinct One and Wilbur E. Cheever, Town Meeting Member from Precinct Five who had died since the last town meeting. 8 :11 P. M. Town Clerk, Mary R. McDonough, read the warrant for the meeting until further reading was waived. 8 :12 P. M. The- Town Clerk read the Constable's Return of the Warrant. 8 :12 P. M. Article 2. Edward E. Furash, Chairman of the Appropriation Committee moved that the Report of the Committee be •accepted and placed on file. Mr. Furash stated that, if the recommendations of the Appropriation Committee are followed, the 1972 tax rate would be $67.00, an increase of $3.20 over 1971. Mr. Furash' s motion carried unanimously. 8 :13 P. M. Lois W. Brown, Chairman of the Planning Board, moved that the Planning Board Report on Waltham Street Rezoning, Vine Brook Road to #114 Waltham Street (referred to the Planning Board for study and report under Article 73 of the Warrant for the 1971 Annual Town Meeting) be accepted and placed on file. Carried Unanimously. 8 :14 P. M. Allen Lee Whitman, Jr. moved that the Report of the Capital Expenditures ,Committee be accepted and placed on file. Carried Unaniipously. 8 :15 P. M. Frank T. Parrish, Jr. moved that the Report of the Committee to Review Appointment Procedures for the Board of Appeals, Board of Assessors, Town Counsel and Town Comptroller be accepted and placed on file. Carried by voice vote. 8 :18 P. M. David Reiner, Chairman of the Cary Lecture Committee, moved that the Report of the Cary Lecture Committee be accepted and placed on file. Carried Unanimously. 8 :18 P. M. Iris G. Wheaton moved that the Report of Regional Refuse Disposal Planning Committee for the year 1971 be accepted and placed on file. Carried Unanimously. 8 :18 P. M. Allen F. Kenney moved that the Status Report on 1971 Articles by the Town Manager be accepted and placed on file. Carried by voice vote. 8 :19 P. M. The Moderator stated that Article 2 will remain open throughout the meeting. 8 :19 P. M. 304 Article 3. Presented by Allan F. Kenney. MOTION: That a committee of three be appointed by the Moderator to have charge of the lectures under the wills of Eliza Cary Farnham and Suzanna E. Cary for the current Carried unanimously. 8 :20 P. M. Article 4. Presented by Allan F. Kenney. MOTION: That the following amounts- be appropriated for the current year and be raised in. the current tax levy except where a transfer is indicated they shall be provided by such a transfer. (The following read by the Moderator:) Selectmen' s Department #1000 Personal Services 32 ,400.00 1050 Expenses 6,550.00 8 :21 P. M. Town Manager's Office 1060 Personal Services 36 ,000.00 1065 Expenses 1,400.00 8 :21 P. M. Town Manager 's Jurisdiction 1075 Clerical Pool 20,000.00 1090 Professional Services 2,000.00 1125 Fire & Police Medical 3 ,250.00 1130 Guides Director 1 ,000.00 1135 Out-of-State Travel 4 ,000.00 1140 Training & Travel - Out-of State 1,275.00 1141 Tuition & Training Fees 6,100.00 1142 In-State Travel 4 ,500.00 8 :23 P. M. Selectmen's Jurisdiction 1145 Community Services 50.00 1146 Juvenile Services 12,000.00 1147 Bicentennial Comm. Exp. , 750.00 8 :23 P. M. Town Clerk's Department 1150 Personal Services 34 ,100.00 1200 Expenses 800.00 1250 Vital Statistics 400.00 8 :23 P. M. Trustees of Public Trusts 1450 Expenses 500.00 8 :23 P. M. Board of Appeals 1500 Personal Services 6,700.00 1550 Expenses 1,600.00 8:24 P. M. Planning Board . 1600 Personal Services 26 ,600.00 1650 Expenses 2,745.00 8 :24 P. M. 3, ();) Article 4 . Insurance (Cont. ) #1700 Group $ 165,000.00 1750 Municipal Property & Workmen's Comp. 136 ,500.00 8 :24 P. M. Printing Town Report 1760 Expenses 6 ,400.00 8 :25 P. M. Law Department 1775 Fees 34 ,250.00 1800 Expenses 5,000.00 8 :30 P. M. Elections 1900 Jurisdiction Selectmen 11,000.00 1950 Jurisdiction Town Clerk 13,000.00 8 :30 P. M. Board of Registrars 2000 Personal Services 5,650.00 2050 Expenses 6 ,000.00 8 :32 P. M. Appropriation Committee 2250 Expenses 3 ,350.00 8 :32 P. M. The Moderator stated that all members have copies of the Code of Ethics which had been adopted by the Town Meeting Members Association. He recommended that they take due notice thereof and govern themselves accordingly. 8 :32 P. M. Article 4.Capital Expenditures Committee (Cont. ) 2300 Expenses 150.00 8 :32 P. M. Standing School Building Committee 2350 Expenses 50.00 8 :33 P. M. Permanent Building Committee 2360 Expenses 500.00 8 :33 P. M. Town Celebrations Committee 2400 Expenses 6 ,200.00 8 :33 P. M. Historic Districts Commission 2450 Expenses 1,725.00 8 :34 P. M. Conservation Commission 2460 Expenses 1,900.00 8 :34 P. M. Melvin G. Holland moved to amend Account #2460 by deleting the figure $1,900.00 and substituting therefor the figure $7 ,900.00. 8 :35 P. M. 306 Article 4. Mr. Holland stated that with the additional $6,00.00 in (Cont.) the Conservation Commission budget that they could hire a professional land negotiator. 8 :37 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously oppose Mr. Holland's amendment. 8 :38 P. M. Howard M. Kassler stated that the Conservation Commission had mixed feelings regarding the amendment. He stated that if the money was voted, the Commission would use it only as the Town Manager and the Board of Selectmen wanted them to use it. 8 :43 P. M. The amendment, as presented by Mr. Holland, declared lost by voice vote. 8 :47 P. M. Recreation Committee #2470 Personal Services $ 53 ,800.00 2480 Expenses 16,850.00 Edward E. Furash moved to amend Account #2480 by deleting the figure $16,850.00 and substituting therefor the figure $13,850.00. 8 :47 P. M. Mr. Furash' s motion to amend is declared lost by voice vote. 8 :58 P. M. Treasurer' s Department 2500 Personal Services 16 ,800.00 2525 Expenses 690.00 2575 Foreclosure & Redemption 1,500.00 9 P. M. Collector' s Department • 2650 Personal Services 22,600.00 2700 Expenses 2,385.00 9 P. M. Comptroller 2800 Personal Services 66 ,000.00 2850 Expenses 2,900.00 9 :01 P. M. Comptroller ' s Jurisdiction 2925 Office Machines - Capital Outlay 10,750.00 2930 Office Machines - Maint. & Repair 5 ,550.00 2935 Office Services - Copier Supplies 2,200.00 2940 Metered Mail 9,100.00 9:02 P. M. Assessors' Department 2950 Personal Services 44 ,200.00 3000 Expenses 1,700.00 9 :02 P. M. Health Department 3250 Personal Services 27 ,300.00 3300 Expenses 9 ,700.00 3400 Animal Inspection 1,520.00 3450 Rabies Clinic 1,200.00 9 :02 P. M. 307 Article 4. Health Jurisdiction - Dog Officer (Cont. ) #3500 Personal Services 8,670.00 3550 Expenses 2 ,600.00 9 :03 P. M. Police Department 3750 Personal Services (Of which $8 ,500.00 is to be transferred from the Parking Meter Fund) 696 ,650.00 3800 Expenses 72,100.00 3900 Parking Meter Maintenance 3 ,000.00 (Of which $3 ,000.00 is to be transferred from the Parking Meter Fund) 9 :03 P. M. Fire Department 4100 Personal Services 671,500.00 4150 Expenses 36 ,520.00 4200 Ambulance Maintenance 1,200.00 4250 Forest Fires 100.00 9:03 P. M. Local Disaster Services 4300 Personal Services1,500.00 • 4350 Expenses 2 ,075.00 4360 Auxiliary Fire Expense 400.00 9 :03 P. M. Inspection Department 4450 Personal Services 41,200.00 4500 Expenses 1,300.00 9:04 P. M. Public Works Department 4900 Personal Services 741,222.00 9 :04 P. M. Public. orks - Sup'ts. Office 4950 Personal Services 75,180.00 5000 Expenses 3 ,950.00 9 :04 P. M. Engineering Department 5100 Personal Services 173,100.00 5150 Expenses 4 ,750.00 9 :04 P. M. Town Offices & Cary Memorial Building 5200 Personal Services 35 ,880.00 5250 Expenses 88 ,750.00 9 :05 P. M. Highway Maintenance 5400 Expenses 38 ,000.00 (Of which $3,000.00 is to be transferred from the Parking Meter Fund) 9:05 P. M. c_ U Article 4. Road Machinery (Cont. ) #5450 Expenses $ 72 ,000.00 9:05 P. M. Snow Removal 5500 Expenses 115,000.00 (Of which $2,700.00 is to be transferred from the Parking Meter Fund) 9 :05 P. M. Traffic Regulation & Street Signs 5550 Expenses 9,000.00 9:10 P. M. Street Lights 5600 Expenses 120,000.00 William R. Page moved to amend item #5600 Street Lights by striking out the sum of $120,00 and substituting therefor the sum of $100,000.00. Amendment declared lost by voice vote. 9 :17 P. M. Sewer Maintenance 5700 Expenses 18 ,000.00 9 :18 P. M. Sewer Services 5750 Expenses 6 ,000.00 9:18 P. M. Garbage Collection 5800 Contract 85,300.00 9 :18 P. M. Sanitary Land Fill 5850 Expenses 47 ,400.00 9 :18 P. M. Water Maintenance &Service 5900 Expenses 39,000.00 9:18 P. M. Park 6000 Expenses 34 ,500.00 9 :18 P. M. Insect Suppression 6050 Expenses 1,000.00 9:18 P. M. Shade Tree 6100 Expenses 9,000 00 9 :18 P. M. Dutch Elm Disease 6150 Expenses 1,500.00 9:18 P. M. 309 Article 4 . Cemeteries (Cont. ) #6350 Personal Services 65,000.00 (Of which $12,000.00 is to be transferred from the Westview Perpetual Care Fund and $10,700.00 to be transferred from the Westview Sale of Lots Fund.) 6400 Expenses 5 ,000.00 (Of which $1,500.00 is to be transferred from the Westview Sale of Lots Fund. ) 9:18 P. M. Veterans' Benefits 7100 Personal Services 6 ,750.00 7150 Administration 875.00 7200 Aid & Expenses 55,000.00 9:19 P. M. Graves Registration 7250 Expenses 350.00 9:19 P. M. Soldiers Burials 7300 Expenses 250.00 9 :19 P. M. Cary Memorial Library 7500 Personal Services 250,100.00 7550 Expenses ** 71,864 .00 * $11,957 .25 is also available as State Aid to Libraries. ** To which will be added $5,270.24 received from the County-Dog License Fees. 9:19 P. M. • Board of Retirement 7800 Accrued & Normal Liability 195 ,586.00 7850 Expenses 2,190.00 9 :21 P. M. School Operation 7900 Personal Services 9,591,658 .00 7925 Expenses 1,450,464 .00 7950 Out-of-State Travel 12,300.00 7960 Vocational Education, Tuition & Trans. 12,120.00 7970 Athletics 108 ,471.00 * To which the sum of $252,872.75 in available and anticipated P. L. 864 , P. L. 874 , ESEA P. L. 89-10, P. L. 90, and State METCO funds is to be applied, and the balance is raised and appropriated under this article. 9:22 P. M. Debt Payment 8500 Interest on Debt 413 ,848 .00 8525 Interest on Anticipation loans 80,000.00 8550 Maturing Debt 1,470,000.00 9 :22 P. M. Motion, as presented by Mr. Kenney under Article 4 , carried unanimously. 9:25 P. M. 310 Article 5. Presented by Allan F. Kenney. MOTION: That the Town Treasurer, with the approval of the Selectmen, be and he hereby is authorized to borrow money from time to time in anticipation of the revenue of the financial years beginning January 1, 1972 and January 1, 1973, and to issue a note or notes therefor, payable within one year, in accordance with the provisions of General Laws, Chapter 44 , Section 4 , and to renew any note or notes as may be givezfor a period of less than one year, in accordance with the provisions of General Laws, Chapter 44, Section 17. Carried Unanimously 9 :25 P. M. Article 6. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. — Carried Unanimously 9:27 P. M. Article 7. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $1 ,644.73 to pay the unpaid bills for the prior year of the following accounts: School Operation - Vocational Education, Tuition & Transportation City of Boston $ 16.50 City of Boston 128.00 Essex. Agricultural and Techn4cal Institute 688 .93 Charles . Sharkey 219.60 Veterans' Benefits - Aid & Expenses Symmes Hospital 591.70 Carried 'Unanimously 9:31 P. M. Article 8. Presented by Allan F. Kenney. MOTION: To appropriate $100,000.00 for the Reserve Fund and to provide for the payment thereof by transfer of $22,000.00 from the Reserve Fund-Overlay Surplus and by transfer of $78,000.00 from the Excess and Deficiency Account. Carried unanimously 9 :32 P. M. Article 9. Presented by Allan F. Kenney. MOTION: That the Board of Selectmen be authorized to petition the Director of Accounts of the State for an audit for the year 1972. Carried Unanimously 9:32 P. M. • Article 10. Presented by Allan F. Kenney. MOTION: That the sum of $28,500.00 be raised and appropriated for pensions for retired members of the Police Department, and their dependents, and that the sum of $16,500.00 be raised and appropriated for pensions for retired members of the Fire Department, and their dependents, under Chapter 32 of the General Laws. Carried Unanimously 9 :37 P. M. Article 11. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to appoint one of their members to the Board of Appeals in accordance with Section 4A of Chapter 41 of the General Laws. Carried by voice vote. 9 :37 P. M. 311 Article 12. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9 :37 P. M. Article 13. Presented by Allan F. Kenney: MOTION: That the Selectmen be and they hereby are authorized to install street lights in such unaccepted streets as they may determine prior to the final ad- journment of the 1973 Annual Town Meeting. Carried Unanimously 9 :37 P. M. Article 14 . Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to obtain appraisals on and options for land or rights therein that they desire to recommend be acquired by the Town as locations for future streets or for playground or recreational or off-street parking or school purposes and that the Selectmen be and they hereby are authorized on behalf of the Town to acquire by purchase, eminent domain, or otherwise, such lands or rights therein for such purposes as are or may be in- cluded in options by the Selectmen; and to appropriate the sum of $2 ,500.00 and to provide for the payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 9 :39 P. M. Article 15. Presented by Allan F. Kenney. MOTION: That the sum of $4 ,000.00 be appropriated for the development of Westview Cemetery and that said sum be provided by transfer from the Westview Cemetery Sale of Lots Fund. Carried by voice vote. 9 :39 P. M. Article 16. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install curbing at such locations as they may determine, and to appropriate therefor the sum of $5,000.00, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried by voice vote. 9 :41 P. M. Article 17. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install drains in such accepted or unaccepted streets or other land as the Selectmen may determine, including the widening, deepening or altering the course of brooks, streams and water courses and the construction of new channels in said other land, in accordance with Chapter 263 of the Acts of 1926 , as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate the sum of $36,000. 00 for such installation and land acquisition, and to provide for the payment thereof by I transfer from the Excess and Deficiency Account. Carried Unanimously 9 :46 P. M. Article 18. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 9 :47 P. M. 9 Article 19. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to construct concrete, bituminous concrete or other sidewalks, at such locations as they shall determine, where the abutting owner pays one-half of the cost, or otherwise; and to appropriate the sum of $50,000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9:47 P. M. Hugh M. Chapin moved for indefinite postponement of Article 19. 9:52 P. M. The motion to indefinitely postpone Article 19 declared lost by voice vote. 9 :56 P. M. The motion, as offered by Mr. Kenney, declared carried by voice vote. 9 :56 P. M. Article 20. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install sewer mains in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897, and all acts in amendment thereof and in addition thereto, or otherwise, and to take by eminent domain, purchase or otherwise acquireany fee, easement or other interest in land necessary therefor; and to appropriate for such installation and land acquisition the sum. of $480,000.00 and to provide for payment thereof by transfer of the unexpended balance of $1,000.00 of the appropriation under Article 6 of the Warrant for the November 28 , 1960 Special Town Meeting and by transfer of the sum of $479,000.00 from the Excess and Deficiency Account. 9 :57 P. M. Herbert W. Eisenberg moved to amend amount appropriated under Article 20 from $480,000.00 to $456 ,000.00, a reduction of $24,000.00. 9:57 P. M. The Moderator called for a five minute recess. 10 P. M. The meeting was again called to order at 10:05 P. M. Herbert W. Eisenberg presented a corrected amendment: Moved to delete the sum of $480,000.00 and substitute therefor the sum of $456,000.00 and to delete the sum of $479,000.00 and substitute the sum of $455,000.00. 10:05 P. M. Motion to amend, as presented by Mr. Eisenberg, declared lost by voice vote. 10:09 P. M. Main motion, as presented by Mr. Kenney, declared carried by voice vote. . 10:09 P. M. Article 21. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to install trunk sewers in such accepted or unaccepted streets or other land as the Selectmen may determine, subject to the assessment of betterments or otherwise, in accordance with Chapter 504 of the Acts of 1897 , as amended, or otherwise, and to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to provide for the payment thereof by the transfer of $120,000.00 from the Excess and Deficiency Account. Carried by voice vote. 10:15 P. M. e) L ) Article 22. Presented by Allan F. Kenney. MOTION: That the sum of $6,000.00 be appropriated for Chapter 90 highway maintenance, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:15 P. M. Article 23. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:15 P. M. Article 24 . Presented by Allan F. Kenney. MOTION: To appropriate the sum of $78 ,000.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10 :16 P. M. Edward E. Furash moved to delete the sum of $78 ,000.00 and substitute therefor the sum of $62 ,000.00. 10:18 P. M. Motion to amend, as presented by Mr. Furash, declared carried by voice vote. 10:22 P. M. Main motion, as amended: MOTION: To appropriate the sum of $62,000.00 for the purchase by or with the approval of the Selectmen of equipment for the Department of Public Works, and to provide for payment thereof by transfer from the Excess and Deficiency Account. Carried Unanimously 10:22 P. M. Robert H. Kingston serves notice of reconsideration of Articles 20 and 21. 10:23 P. M. Article 25. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to retain engineering services and prepare plans and specifications for the design, construction or reconstruction of streets the laying out, alteration, relocation, widening or reconstruction of which the Selectmen may desire to consider; and to appropriate therefor the sum of $10,000.00 and to provide for pay- ment thereof by transfer from the Excess and Deficiency Account. 10:23 P. M. Daniel I. Small moved that Article 25 of the Town Warrant be amended by inserting after the words "may desire to consider" the following phrase: , "including consideration of the need for public transportation within the town and the relationship of public transportation to the planning and layout of public streets; " 10:23 P. M. Standing vote on Mr. Small 's motion to amend taken as follows: 31 ,4 Article 25. Precinct In Favor Tellers Opposed (cont. ) 1 . 23 Weiant Wathen-Dunn 15 2 10 , Wiltrud R. Mott-Smith 18 3 20 J. S. Nason Whitney 12 4 19 Martin A. Gilman 10 5 25 Stephen T. Russian 7 6 18 Donald J. Shaw 15 115 77 Mr. Small 's amendment adopted. 10:33 P. M. Main motion as amended: MOTION: That the Selectmen be and they hereby are authorized to retain engineering services and prepare plans and specifications for the design, construction or reconstruction of streets the laying out, alteration, relocation, widening or reconstruction of which the Selectmen may desire to consider, including consideration of the need for public transportation within the town and the relationship of public transportation to the planning and layout of public streets; and to appropriate therefor the sum of $10,000.00 and to provide for pay- ment thereof by transfer from the Excess and Deficiency Account. Main motion, as amended, carried, by voice vote. 10 :34 P. M. Article 26. Presented by Allan F. Kenney: MOTION: That the sum of $9,800.00 be raised and approp- riated for the improvement of lowlands and swamps and the eradication of mosquitoes under Section 4A of Chapter 252 of the General Laws. 10:40 P. M. Mr. Armstrong of East Middlesex Mosquitoe Control gave an explanation of their program and answered many questions. 10:45 P. M. Carried by voice vote. 10 :46 P. M. Article 27 . Presented by Allan F. Kenney. MOTION: That the sum of $18,376.00 be raised and appropriated to be expended under the direction of the Board of Health for providing cooperative and complementary facilities to the out-patient clinic of the Mystic Valley Children's Clinic established in accordance with the provisions of Chapter 19 of the General Laws in coopera- tion with the Massachusetts Department of Mental Health, and for providing payment for services rendered or to be rendered by such Clinic. Carried by voice vote. 10 :47 P. M. Article 28. Presented by Allan F. Kenney. MOTION: To appropriate the sum of $11,957 .25 received in 1972 as State Aid to public libraries to be used by the Trustees of Cary Memorial Library in improving and extending library services in Lexington. Carried Unanimously 10 :47 P. M. Article 29. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:47 P. M. 315 Article 30. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 10:47 P. M. Article 31. Presented by Allan F. Kenney. MOTION: To appropriate the sum. of $60,000.00 to be used in conjunction with money previously appropriated under Article 23 of the Warrant for the 1970 Annual Town Meeting and under Article 34 of the Warrant for the 1971 Annual Town Meeting for the construction under Chapter 90 highway construction of all or any part of the section of East Street between Lowell Street and Grant Street and for a distance of 80 feet easterly of Lowell Street, and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10:48 P. M. Albert P. Zabin moved for indefinite postponement. 10:52 P. M. After general discussion, Joseph 0. Rooney moved the previous question which was declared carried by voice vote. 11 :05 P. M. Motion to indefinitely postpone Article 31 declared lost by voice vote. 11 :05 P. M. Motion, as presented by Mr. Kenney, declared carried by voice vote. 11 :05 P. M. The Moderator stated that he had notes from Stephen T. Russian and Charles F. Gallagher, Jr. before th6 meeting to the effect that they would not vote on the School Department Personal Service budget as their wives worked for the School Department. 11:07 P. M. Allan F. Kenney moves that the meeting be adjourned to Wednesday, March 22, 1972, 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11 :06 P. N. A .1- 7c7, -22g vvr4 Mary R. McDonough, Town Clerk t Is ADJOURNED TOWN MEETING HELD MARCH 22, 1972 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :12 P. M. in Cary Memorial Hall. There were 199 Town Meeting Members present. Invocation offered by Rev. Harold T. Handley, Rector of the Church of Our Redeemer. 8 :13 P. M. The Moderator stated that he had letters to the effect that the following Town Meeting Members would not vote on certain articles in accordance with the. Code of Ethics: Roy Edward Cook and William T. Whiting - Articles pertaining to the Fire Department: Articles 4, 35, 36 and 37. Richard Souza - Article 34. Arthur T. Bernier - Article 39. Norman P. Cohen - Articles 32 and 33. Article 2. Robert H. Kingston moved that the Supplementary Report of the Capital Expenditures Committee be accepted and placed on file. Carried Unanimously 8 :17 P. M. Article 32. Presented by Erik L. Mollo-Christensen. MOTION: To raise and appropriate the sum of $16,640.00 for the purpose of paying the Town's apportioned share of the operating and maintenance costs for the current fiscal year of the Minuteman Regional. Vocational Technical School District consisting of the towns of Acton, Arlington, Belmont, Box- borough, Carlisle, Concord, Lexington, Lincoln, Stow, Sudbury, Wayland and Weston. Carried Unanimously 8 :19 P. M. Article 33. Presented by Vernon C. Page. MOTION.: That this article be indefinitely postponed. Carried Unanimously 8 :21 P. M. Article 34. Presented by Fred C. Bailey. MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting, be and hereby is authorized to retain professional services and prepare final plans and specifications and to obtain bids for the remodeling of and additions to the Cary Memorial Library building and for the original equipping and furnishing of said remodeled building and said addition; and that the sum of $112 ,000.00 be appropriated therefor, and that payment be provided by transfer from the Excess and Deficiency Account. 8 :22 P. M. Robert V. Whitman, Chairman of the Permanent Building Committee, shows slides and answers many questions. Elizabeth H. Clarke moved to strike all the remaining words beginning "and that the sum. . . " and to replace these words with: . . .and that the sum of $140,000 be appropriated therefore and that payment be provided by transfer of $112 ,000 from the Excess and Deficiency account and by raising the balance of $28 ,000 in the current tax levy. 8 :43 P. M. Edward E. Furash stated that the Appropriation Committee unanimously opposed Mrs. Clarke' s motion to amend. 9:01 P. M. 317 Article 34 . Joseph A. Campbell moved indefinite postponement on (Cont. ) the main motion as offered by Mr. Bailey. 9 :03 P. M. The motion to amend, as offered by Mrs. Clarke, declared lost by voice vote. 9:10 P. M. The motion to indefinitely postpone Article 34 declared lost by voice vote, which was doubted, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 9 Ruth M. Mitchell 19 2 12 Donald L. MacGillivray. 15 3 6 Albert S. Richardson, Jr. 22 4 6 Martin A. Gilman 18 5 9 Frank L. Shunney 15 6 14 Stephen Michael Politi 11 Boards & At Large 2 Howard A. Levingston 34 58 134 Motion to indefinitely postpone Article 34 not adopted. 9:15 P. M. Main motion, as offered by Mr. Bailey, declared carried by voice vote. 9 :16 P. M. Article 35. Presented by Fred C. Bailey. MOTION: That the Permanent Building Committee, appointed under authority of the vote adopted under Article 73 of the Warrant for the 1967 Annual Town Meeting, be and hereby is authorized to retain professional services and prepare final plans and specifications and to obtain bids for the remodeling of, and additions to, the Central Headquarters Fire Station; and that the sum of $7 ,500.00 be appropriated therefor, and that payment be provided by transfer from the Excess and Deficiency Account. Carried by voice vote. 9 :19 P. M. Article 36. Presented by Fred C. Bailey. MOTION: appropriate the sum of. $57,000.00 for the purchase or with the approval of the Selectmen of a fire engine for the Fire Department, to authorize the Selectmen to turn in and apply toward the purchase price such piece of fire apparatus as is no longer required by the Fire Department, and to provide for payment thereof by the transfer of $10,000.00 appropriated under Article 59 of the Warrant for the 1971 Annual Town Meeting for the installation of gas after-burners on the incinerators at various schools, and by raising the balance of $47 ,000.00 in the current tax levy. Carried by voice vote. 9:22 P. M. Article 37. Presented by Fred C. Bailey. MOTION: To raise and appropriate the sum of $6 ,000.00 for installation of Town owned emergency power generator equipment, and for purchase of accessory equipment and controls therefor, at the Central Headquarters Building and the East Lexington Fire Station. Carried Unanimously 9:25 P. M. Article 38 . Presented by Allan F. Kenney. MOTION: To appropriate the sum of $9,680.08 for the purchase and installation of additional and replacement equipment for the communications systems of the Town, and to provide for payment thereof by the transfer of $9,680.08 from the unexpended balance of the 41. -1 ti 318 Article 38. appropriation under Article 39 of the Warrant for the (Cont. ) 1966 Annual Town Meeting. Carried by voice vote. 9:26 P. M. Article 39. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $44,000.00 for the further construction of the Meriam Street off-street parking area. 9 :27 P. M. Robert B. Kent, Jr. serves notice of reconsideration of Article 34. 9 :35 P. M. Article 39. Edward E. Furash stated that the Appropriation (Cont. ) Committee is opposed to this article. 9 :45 P. M. J. Keith Butters moved that this article be recommitted to the Board of Selectmen for further study. 9:48 P. M. Allan F. Kenney moved that Article 39 be tabled. 9:50 P. M. Mr. Kenney withdraws his motion to table this article in order that Frank Ready, a Lexington merchant, can speak from the balcony in favor of the parking. (See page 9:51 P. M. 331) 957 P. M. Mr. Kenney moved that Article 39 be tabled. Motion to table Article 39 declared carried by voice vote. 9:58 P. M. Article 40. Presented by Allan F. Kenney. MOTION: To appropriate the sum of $56 ,739.56 for resurfacing with permanent pavement such street or streets as the Selectmen may determine and provide for payment thereof by transfer of the unexpended balance of $32,088.27 appropriated under Article 22 of the Warrant for the 1966 Annual Town Meeting and consisting of funds received from the State under Chapter 679 of the Acts of 1965, by the appropriation of $7 ,100.86 received from the State under Chapter 616 of the Acts of 1967 and by the appropriation of $17 ,550.43 received from the State under Section 4 of Chapter 768 of the Acts of 1969. Carried Unanimously 10 :02 P. M. Article 41. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $20,000.00 for the installation of traffic control signals at the intersection of Concord Avenue and Waltham Street. Carried by voice vote. 10 :05 P. M. Frank H. Totman, Jr. serves notice of reconsideration of Article 40. 10:06 P. M. Lloyd S. Beckett, Jr. moves for a three minute recess which was carried by voice vote. 10:06 P. M. The meeting was again called to order at 10:15 P. M. Article 42. Presented by Allan F. Kenney. MOTION: That the sum of $10,000.00: be raised and appropriated under the provisions of Chapter 911 of the Acts of 1971 in anticipation of the celebration of the two hundredth anniversary of the American Revolution, and that the Town Treasurer deposit said funds in a special fund as provided in Section 2 of said Chapter 911. 10:17 P. M. 319 Article 42. Kingston L. Howard, Chairman of the Lexington (Cont. ) Bicentennial Committee, explains what his committee has done so far and what it hopes to accomplish. 10 :25 P. M. Motion, as presented by Mr. Kenney, declared carried by voice vote. 10:25 P. M. Article ,43. Presented by Allan F. Kenney. MOTION: That the existing Lexington Bicentennial Committee, appointed by the Board of Selectmen, be and hereby is authorized to study the kind, appropriateness and location of a permanent memorial for commemorating the two-hundredth anniversary of the Battle of Lexington and for commemorating the services and sacrifices of persons who served in the War of the Revolution, and to retain professional services therefor, and that the sum of $3,000.00 be raised and appropriated therefor. Said Committee shall report its findings and recommendations to a future town meeting, not later than the 1973 Annual Town Meeting. 10:25 P. M. Edward E. Furash moved to amend the motion by deleting "and to retain professional services therefor, and that the sum of $3 ,000.00 be raised and appropriated there- for. " 10:34 P. M. Joseph O. Rooney moved the previous question which was declared lost by voice vote. 10:48 P. M. Standing vote on Mr. Furash's motion to amend taken as follows: Precinct In Favor Tellers Opposed 1 19 Ruth M. Mitchell 3 2 24 Donald L. MacGillivray 3 3 24 Albert S. Richardson, Jr. 6 4 11 Erik L. Mollo-Christensen 14 5 18 Frank L. Shunney 6 6 14 Stephen Michael Politi 8 Boards & At Large 19 Howard L. Levingston 13 129 53 Motion to amend, as offered by Mr. Furash, adopted. 10 :54 P. M. Anthony L. Mancini moved to amend by adding thereto: "and to retain professional services therefor , and that the sum of $3 ,000.00 be raised and appropriated there- for. " 11 P. M. Leslie H. York moved the previous question which was declared carried, by voice vote. 11 :12 P. M. Motion to amend, as offered by Mr. Mancini, declared lost by voice vote. 11:12 P. M. 2O Article 43. Main motion, as amended by Mr. Furash: (Cont. ) MOTION: That the existing Lexington Bicentennial Committee, appointed by the Board of Selectmen, be and hereby is authorized to study the kind, appropriateness and location of a permanent memorial for commemorating the two-hundredth anniversary of the Battle of Lexington and for commemorating the services and sacrifices of persons who served in the War of the Revolution. Said Committee shall report its findings and recommendations to a future town meeting, not later than the 1973 Annual Town Meeting. Carried by voice vote. 11 :13 P. M. Albert P. Zabin serves notice of reconsideration of Article 43 . 11 :13 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, March 27, 1972, 8 P. M. in the Cary Memorial Hall. Carried Unanimously 11 :13 P. M. #4.1 Mary R. McDonough, Town Clerk George B. Wilson, Jr. , 11 Ames Avenue, resigned as a Town Meeting Member in Precinct Two as of March 27, 1972. Frederic D. Corazzini, 8 Blossom Street, next in line at the March 6, 1972 Annual Town Eleetion, was moved up and has accepted, as of March 27 , 1972, Town Meeting Membership in Precinct Two, filling the vacancy caused by the resignation of Mr. Wilson. Term expires in March 1973. 32i ADJOURNED TOWN MEETING HELD MARCH 27 , 1972 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :07 P. M. in Cary Memorial Hall. There were 202 Town Meeting Members present. The invocation was offered by Rev. Martin U. McCabe, Pastor, Sacred Heart Church. 8 :08 P. M. Article 2. Edward E. Furash moved that the Final Report of the Committee established under Article 76 of the 1971 Town Meeting be accepted and placed on file. Carried Unanimously 8 :09 P. M. Article 44. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $1,500.00 for a current revision of the preliminary plans, engin- eering survey and layout for the construction and development of recreational facilities on land adjoining the Harrington School. Carried by voice vote. 8 :10 P. M. Article 45. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $2 ,500.00 for the development of paths for walking and bicycling in Willards Woods in such locations as the Recreation Committee with the approval of the Board of Selectmen may determine. 8 :10 P. M. Herbert W. Eisenberg moved to amend the motion by deleting the sum of $2,500.00 and substituting the sum of $6,500.00 in its place. 8 :17 P. M. Mr. Kenney stated that the Board of Selectmen opposed the amendment. 8 :18 P. M. The motion to amend, as offered by Mr. Eisenberg, declared lost by voice vote. 8 :23 P. M. Main motion endorsed by the League of Women Voters. 8 :25 P. M. Earl F. Baldwin, Jr. moved the previous question which was declared carried by voice vote. 8 :30 P. M. Mr. Kenney's motion declared carried by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 18 Joseph P. Marshall 7 2 17 Michael J. O'Sullivan 9 3 23 Charles F. Gallagher, Jr. 5 4 17 Joseph 0. Rooney 7 5 24 William P. Fitzgerald 4 6 20 Donald J. Shaw 7 Boards & At Large 27 Howard L. Levingston 3 146 42 Motion, as presented by Mr. Kenney, declared adopted. 8 :33 P. M. 322 Article 46. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $3,500.00 for professional services and to prepare a plan for the development of the Old Res area and to install a permanent water supply to the Old Res. 8 :33 P. M. The League of Women Voters endorses this motion. 8 :36 P. M. Motion, as offered by Mr. Kenney, declared carried by voice vote. 8 :36 P. M. Article 47. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $20,000.00 for the further development of the so-called dump area on Lincoln Street. 8 :36 P. M. After general discussion, the motion declared carried by voice vote. 8 :44 P. M. Article 48. Presented by Natalie H. Riffin. MOTION: That the. Town accept a gift in the amount of $300.00, under the will of K. Claudine Foster, "as a perpetual fund to be known as the Mr. and Mrs. William B. Foster Fund, the interest to be used to put plants out on Memorial Day (May 30) of each year" on lot No. 218 in Munroe Cemetery. Carried Unanimously 8 :45 P. M. Article 49. Presented by Natalie H. Riffin. MOTION: To authorize the Treasurer to accept on behalf of the Town a gift of 84 shares of American Telephone and Telegraph Co. common stock and such amount of money as shall together equal one-sixth of the residue of the estate of Katharine Harrington, late of Lexington, bequeathed under the Thirty-Second Clause of her will to the "School Committee of the Town of Lexington, Massachusetts, for scholarships for needy children, all monies to be invested and reinvested for ten (10) years. At the end of ten years one-half the income may be used for scholarships and the other one-half invested and reinvested until the total of the two funds shall equal Twenty-Five Thousand ($25 ,000.00) Dollars at which time the funds shall be combined in one permanent fund to be called 'The Harrington Memorial Fund' , the income only from which shall be used annually for scholarships. " ; said gift to be paid to and held and invested and re- invested by the Trustees of Public Trusts, the stock to be so transferred promptly after the adoption of this vote and the money to be paid over upon its receipt, and the income therefrom used for scholarships for needy children as determined by the School Committee of the Town of Lexington as provided in said will. Carried Unanimously 8 :47 P. M. Article 50. Presented by Natalie H. Riffin. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :47 P. M. 323 Article 51. Presented by Natalie H. Rift in. MOTION: That the Selectmen be and they hereby are authorized to accept a gift from Bolt Beranek and Newman Inc. of a lot of land on Hayden Avenue in Lexington shown as lot numbered 288 on Plan No. 19485K filed in the South Registry District of Middlesex County, said gift being subject to the conditions that it be accepted by June 30, 1972 and that any betterment assessments against lot 288 be removed prior to the acceptance of the gift. Carried Unanimously 8 :50 P. M. Article 52. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to receive in the name of the Town, subject to the approval of the Selectmen, for conservation purposes as provided in Section 8C of Chapter 40 of the General Laws, a gift from Joseph F. Chabot and Mary Ellen Chabot of a parcel of land on Waltham Street shown as lot 29, section 1, on a plan entitled "Plan of Farmhurst in Lexington, Mass. " , dated Janua4( 1918 and recorded in Middlesex South District Registry of Deeds in Plan Book 285 , Plan 4 . 8 :50 P. M. Mr. Kassler read a report of the Conservation Commission pertaining to all of the Conservation articles. 8 :58 P. M. Motion carried unanimously. 8 :59 P. M. Article 53. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 22 on Assessors ' Property Map 23 , now or formerly of William Hill and being part of the land formerly known as the Meek property; and to appropriate the sum of $32 ,000.00 for said land acquisi- tion and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9 P. M. Voice vote not unanimous, so standing vote taken: Precinct In Favor Tellers Opposed 1 23 Joseph P. Marshall 0 2 24. Michael J. O'Sullivan 0 3 24. Charles F. Gallagher, Jr. 0 4 23 Joseph 0. Rooney 0 5 26 William P. Fitzgerald 1 6 24 Donald J. Shaw 4 Boards & At Large 31 Howard L. Levingston 0 175 5 Adopted. 9 :07 P. M. 32 4 Article 54 . Presented by Alfred S. Busa. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or other- wise acquire for playground, recreation, sewer and drain purposes all or any part of a parcel of land now or formerly of Alfred J. Bevington and Mary E. Stankard, containing 10 acres, more or less, and being all that portion of Lot 54 on Town of Lexington Assessors ' Map 31 (including that part of said Lot 54 shown on Assessors' Map 23) which is located southerly of a line approxi- mately parallel to Marrett Road and extending from the intersection of the easterly boundary of said Lot 54 with the common boundary between lots 52 and 53 on said Map 31 to the intersection of the westerly boundary of said Lot 54 with the common boundary between lots 56 and 57 on said Map 31; and to appropriate the sum of $25,000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9:08 P. M. Howard M. Kassler stated that the Conservation Commission is in favor of this motion. 9:17 P. M. Allen Lee Whitman, Jr. serves notice of reconsideration of Article 53. 9:30 P. M. Article 54. The motion, as presented by Mr. Busa under Article 54 , (Cont.) declared carried by voice vote. 9 :33 P. M. Article 55. Howard M. Kassler moved that Article 55 be postponed until after the disposition of Article 59. Carried by voice vote. 9:33 P. M. Article 56. Presented by Alfred S. Busa. MOTION: That this article be indefinitely postponed. Carried unanimously 9 :36 P. M. Article 57. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 95C on Assessors' Property Map 11, now or formerly of William H. Hamilton, and Lot 96A on Assessors' Property Map 11, now or formerly of Florence Baldwin Trust; and to raise and appropriate the sum of $85,000. 00 therefor. 9 :37 P. M. Request for a three minute recess by Mr. Kassler was granted. 9 :38 P. M. The meeting was again called to order by the Moderator at 9:47 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously favor this article. 10 :05 P. M. Lois W. Brown stated that a majority of the Planning Board are in favor ofthis article. 10:18 P. M. 325 Article 57 . Standing vote on main motion taken as follows: (Cont. ) Precinct In Favor Tellers Opposed 1 15 Joseph P. Marshall 11 2 15 Michael J. O'Sullivan 13 3 17 Charles F. Gallagher, Jr. 7 4 18 Joseph 0. Rooney 7 5 16 William P. Fitzgerald 8 6 16 Donald J. Shaw 11 Boards & At Large 24 Howard L. Levingston 3 121 60 More than the required two-thirds having voted in favor, the motion, as presented by Mr. Kassler, declared adopted. 10:23 P. M. Article 58. Presented by Natalie H. Riff in. MOTION: That the Selectmen be and they hereby are authorized to purchase, take by eminent domain or otherwise acquire for school, playground, recreation, sewer and drain purposes all or any part of the land now or formerly of Alice E. Ashley and Rosamond J. Ashley Savage described in a deed recorded in Middlesex South District Registry of Deeds, Book 11806 , Page 284 , and all or any part of the land now or formerly of Lexington Associates, Inc. described in a deed recorded in said Deeds, Book 8401, Page 98; and to appropriate the sum of $30,000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 10 :25 P. M. James M. McLaughlin serves notice of reconsideration of Article 57 . 10 :26 P. M. Article 58. Vernon C. Page moved that this article be indefinitely (Cont. ) postponed. 10 :32 P. M. George Warren, Attorney for the Ashley family, spoke from the balcony and said that he was looking for an equitable settlement for the owners of the land. He was not in favor of this motion. 10:36 P. M. Motion to indefinitely postpone Article 58 declared lost by voice vote. • 10:44 P. M. Patricia K. Hagedorn moved to insert the word "streets" as one of the listed public purposes (after drain) . 10 :45 P. M. Motion to amend, as presented by Mrs. Hagedorn, declared lost by voice vote. 10 :55 P. M. Main motion declared carried by voice vote, which was doubted, so standing vote taken as follows : Precinct In Favor Tellers Opposed 1 14 Joseph P. Marshall 12 2 14 Michael J. O'Sullivan 13 3 20 Charles F. Gallagher, Jr. 2 4 23 Joseph O. Rooney 1 5 18 William P. Fitzgerald 9 6 14 Donald J. Shaw 12 Boards & At Large 26 Howard L. Levingston 4 129 53 Adopted. 10:58 P. M. "26 Paul J. MacKenzie served notice of reconsideration of Article 58. 10:58 P. M. Article 59. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conservation purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land now or formerly of Alice E. Ashley and Rosamond J. Ashley Savage described in a deed recorded in Middle- sex South District Registry of Deeds, Book 11806, Page 284, and all or any part of the land now or formerly of Lexington Associates, Inc. described in a deed re- corded in said Deeds, Book 8401, Page 98 ; and to appropriate the sum of $40,000.00 for said land acqui- sition and to provide for payment thereof by transfer from the Excess and Deficiency Account. 11 P. M. Martin A. Gilman moved to amend by striking the sum of $40,000.00 and substituting in its place the sum of $68 ,000.00. 11:02 P. M. Natalie H. Rif fin stated that the Board of Selectmen unanimously oppose this amendment. 11:05 P. M. Edward E. Furash stated that the Appropriation Committee unanimously oppose this amendment. 11:17 P. M. Mr. Gilman' s motion to amend declared lost by voice vote. 11:19 P. M. Voice vote on main motion not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 16 Joseph P. Marshall 8 2 17 Michael J. O'Sullivan 9 3 21 Charles F. Gallagher, Jr. 1 4 24 Joseph 0. Rooney 0 5 20 William P. Fitzgerald 5 6 16 Donald J. Shaw 9 Boards & At Large 26 Howard L. Levingston 4 140 36 More than the required two-thirds having voted in favor, the motion is declared adopted. 11:22 P. M. Allan F. Kenney moved that the meeting be adjourned to Monday, April 3 , 1972, 8 P. M. in Cary Memorial Hall. 11 :22 P. M. Joseph J. Downey moved to amend the motion by moving to adjourn to Tuesday, March 28, 1972 at 8 P. M. 11:23 P. M. 32 : Robert V. Whitman suggested, that if the Town Meeting was adjourned to Monday, April 3, 1972 , it should then be adjourned to each consecutive night until it was completed. 11:23 P. M. Allan Green stated that the meetings should adjourn at 11 P. M. 11:23 P. M. Motion to amend, as presented by Mr. Downey, declared lost by voice vote. 11:24 P. M. Motion to adjourn to Monday, April 3 , 1972, 8 P. M. in Cary Memorial Hall, as presented by Mr. Kenney, declared carried by voice vote. 11:25 P. M. Mary R. McDonough, Town Clerk Daniel P. Busa, 82 Lowell Street, resigned as a Town Meeting Member in Precinct One as of March 31, 1972. William R. Cataldo, 39 Rindge Avenue, next in line at the March 6, 1972 Annual Town Election, was moved up, and has accepted as of March 31, 1972, Town Meeting Membership in Precinct One, filling the vacancy caused by the resignation of Mr. Busa. Term expires in March 1973 . 3 2 8 ADJOURNED TOWN MEETING HELD APRIL 3 , 1972 The meeting was ealled to order by the Moderator, Lincoln P. Cole, Jr. at 8 :08 P. M. in the Cary Memorial Hall. There were 201 Town Meeting Members present. The invocation was offered by Rabbi Joel H. Meyers of the Temple Emunah. 8 :09 P. M. Town Manager, Walter C. O'Connell, stated that new microphones had been purchased for the use of Town Meeting. This purchase was authorized under Article 38 of this Annual Town Meeting. 8 :12 P. M. The Moderator announced that he was reappointing Erik Mollo- Christensen to the Minuteman Technical Vocational School District Committee for a term of three years. 8 :12 P. M. Article 55. Howard M. Kassler moved to refer back to the Conservation Commission to be brought up at the next annual town meeting. Carried Unanimously 8 :20 P. M. Article 60. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conserva- tion restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 45 on Assessors ' Property Map 47 , Lot 225 on Assessors ' Property Map 48 , Lot 51 on Assessors' Property Map 55, and Lots 55 and 61 on Assessors' Property Map 62 , being premises adjoining the Vine Brook off Grant Street; and to appropriate the sum of $40,000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 8 :21 P. M. Mr. Kassler stated that he had received a call from William Hamilton and Mr. Hamilton said that he will not fight land taking under Article 57 and will cooperate with the town. 8 :22 P. M. Lois W. Brown said that the Planning Board had worked with the Conservation Commission and would like to see the planning for Articles 60 and 61 go forward. 8 :45 P. M. Edward E. Furash stated that the Appropriation Committee voted to withdraw favorable action on Articles 60 and 61. 8 :58 P. M. Paul G. Yewell moved the previous question which was declared carried by voice vote. 9:03 P. M. Voice vote on main motion was not unanimous, so a standing vote was taken as follows: k• 9410 v) I..1 Article 60. Precinct In Favor Tellers Opposed (Cont. ) 1 15 Logan Clarke, Jr. 14 2 12 Michael J. O'Sullivan 11 3 19 Donald R. Grant 12 4 17 Joseph A. Trani 10 5 15 Charles E. Parks 13 6 9 Stanley E. Toye 18 Boards & At Large 20 Howard L. Levingston 11 107 89 Less than the required two-thirds having voted in favor, the motion is not adopted. 9 :07 P. M. Article 61. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission to purchase or otherwise acquire, and to authorize the Selectmen to take by eminent domain, upon the written request of the Conservation Commission, for conserva- tion purposes as provided by Section 8C of Chapter 40 of the General Laws, any fee, easement, or conservation restriction as defined in Section 31 of Chapter 184 of the General Laws or other interest in all or any part of land shown as Lot 13 on Assessors ' Property Map 28 , Lots 42, 74A and 75 on Assessors ' Property Map 29, Lots 11 and 12 on Assessors ' Property Map 37 , said Lot 11 on Map 37 being now shown as Lot 79 on Assessors' Property Map 29, and Lots 44 , 45 , 46 , 47 , 48 , 63 , 64 , 65, 67 and 68 on Assessors' Property Map 38 , being premises adjoining the Munroe Brook from Maple Street to Lillian Road; and to appropriate the sum of $6000.00 therefor and to provide for payment thereof by transfer from the Excess and Deficiency Account. 9 :08 P. M. Joseph J. Downey moved that this article be indefinitely postponed. 9 :17 P. M. Paul V. Riff in served notice of reconsideration of Article 60. 9 :17 P. M. Article 61. Lois W. Brown stated that the Planning Board supported (Cont. ) Article 61. 9:28 P. M. Motion to indefinitely postpone Article 61 is declared lost by voice vote. 9:29 P. M. Alan G. Adams moved the previous question which was declared carried by voice vote. 9 :35 P. M. Voice vote on main motion not unanimous, so a standing vote taken as follows: Precinct In Favor Tellers Opposed 1 19 Logan Clarke, Jr. 9 2 15 Michael J. O'Sullivan 10 3 21 Donald R. Grant 7 4 18 Joseph A. Trani 8 5 21 Charles E. Parks 5 6 13 Stanley E. Toye 14 Boards & At Large 30 Howard L. Levingston 3 137 56 More than the required two-thirds having voted in favor, the motion is adopted. 9:38 P. M. c)6) 00 Article 62. Presented by Howard M. Kassler. MOTION: To authorize the Conservation Commission, acting on behalf of the Town, to apply for available state and federal aid in connection with the acquisition of land to be held by the Conservation Commission pursuant to Section 8C of Chapter 40 of the General Laws. 9 :39 P. M. William Spencer Sullivan serves notice of reconsideration of Article 61. 9:45 P. M. Article 62. Motion, as presented by Mr. Kassler under Article 62, (Cont. ) declared carried by voice vote. 9:45 P. M. Article 63. Presented by Howard M. Kassler. MOTION: To raise and appropriate the sum of $5,000.00 to the Conservation Fund established by vote under Article 9 of the Warrant for the Special Town Meeting held on June 8 , 1964 . Carried by voice vote. 9:46 P. M. Allan F. Kenney moved to take Article 39 from the table. 9:47 P. M. Motion to take Article 39 from the table was declared carried by voice vote, which was doubted, so a standing vote was taken as follows: Precinct In Favor Tellers Opposed 1 17 Logan Clarke, Jr. 8 2 16 Michael J. O'Sullivan 7 3 16 Donald R. Grant 9 4 18 Joseph A. Trani 3 5 12 Charles E. Parks 12 6 16 Stanley E. Toye 10 Boards & At Large 21 Howard L. Levingston 7 116 56 Mr. Kenney' s motion to take Article 39 from the table is declared adopted. 9 :50 P. M. Article 39. Presented by Allan F. Kenney. MOTION: To raise and appropriate the sum of $44 ,000.00 for the further construction of the Meriam Street off-street parking area. 9 :50 P. M. Mr. Kenney stated that meters are not recommended now. Build the lot now and let experience be their guide regarding the meters. 10 P. M. Edward E. Furash, for the Appropriation Committee, asked that the article be turned down. 10 :18 P. M. Robert A. Bowyer moved to amend by adding at the end "provided that a fee of at least five cents for every two hours be charged for the use of the spaces, and meters, if any, constructed with the funds provided in this article until such time as the receipts from such spaces shall equal the amount of money appropriated in this article. " 10:20 P. M. 331 Article 39. Ernest A. Giroux stated that he would not vote on this (Cont. ) article. 10 :24 P. M. Lois W. Brown stated that the Planning Board favored this article. 10 :28 P. M. The motion to amend, as offered by Mr. Bowyer, declared lost by voice vote. 10:32 P. M. J. S. Nason Whitney moved the previous question which was declared carried by voice vote. 10 :33 P. M. Main motion, as presented by Mr. Kenney, declared lost by voice vote. 10 :23 P. M. Article 64 . Presented by Allan F. Kenney. MOTION: To accept the alteration and relocation of a portion of Bow Street froaa point 54 feet, more or less, south of the center line of Mill Brook Drain Easement northeasterly to a point 180 feet, more or less, northeasterly of the center line of said Mill Brook Drain Easement, as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated July 28 , 1971, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such land acquisition and for the construction of Bow Street as so altered and relocated the sum of $13,000.00 received from the State under Chapter 616 of the Acts of 1967. 10 :35 P. M. The Planning Board is in favor of this article and Lois W. Brown filed the report of the committee. 10:36 P. M. James M. McLaughlin served notice of reconsideration of Article 39. 10:42 P. M. Article 64 . Motion, as presented by Mr. Kenney under Article 64 , (Cont. ) declared carried by voice vote. 10:42 P. M. Article 65. Presented by Allan F. Kenney. MOTION: To accept the alteration and relocation of Massachusetts Avenue from the northwesterly side line of Depot Square a distance of 138 feet, more or less, northwesterly to the southeasterly side line of Meriam Street as altered and relocated by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 5, 1972 , and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor; and to appropriate for such land acquisition and for the widening of Massachusetts Avenue as so altered and relocated the sum of $4 ,019.41 and to provide for payment thereof by the transfer of $4 ,019.41 from the unexpended balance of the appropria- tion under Article 65 of the Warrant for the 1965 Annual Town Meeting. 10:44 P. M. Lois W. Brown filed the Planning Board Report and stated that the Board is, in favor of this article. 10:45 P. M. Main motion, as offered by Mr. Kenney, carried unanimously. 10:45 P. M. 332 Article 66. Presented by Alfred S. Busa. MOTION: That Articles 66 to 77, inclusive, be taken up together. Carried Unanimously 10:45 P. M. Lois W. Brown stated that the Planning Board recommends favorable action on Articles 66 to 77 , inclusive, and filed the Planning Board Report on each of these articles in one package. 10:46 P. M. Article 66. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Abernathy Road from Ingleside Road a distance of 661 feet, more or less, easterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:47 P. M. Article 67 . Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Birch Hill Lane from Lincoln Street a distance of 948 feet, more or less, north- easterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972 , and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10 :47 P. M. Article 68 . Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Clyde Place from Ingleside Road a distance of 296 feet, more or less, southerly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10:48 P. M. Article 69. Presented by Alfred S. Busa. MOTION: To establish as a town wand accept the layout of as a town way Conestoga Road from Wood Street a distance of 794 feet, more or less, easterly to end, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972 ; and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried by voice vote. 10:48 P. M. Article 70. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Dudley Road from Goffe Road a distance of 901 feet, more or less, southeasterly to Philip Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10 :48 P. M. 6 e Article 71. Presented by Alfred P . Busa. MOTION: To establish as a town way and accept the layout of as a town way Goffe Road from Worthen Road a distance of 777 feet, more or less, easterly to Philip Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972 , and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10 :50 P. M. Article 72. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Heritage Drive from Volunteer Way a distance of 1753 feet, more or less, southerly, easterly, and northerly to Volunteer Way, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972 , and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10 :50 P. M. Article 73. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Ingleside Road from Maple Street a distance of 2232 feet, more or less, northerly to Clyde Place, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972 , and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. • Carried Unanimously 10:51 P. M. Article 74 . Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Pheasant Lane from Lincoln Street a distance of 1066 feet, more or less, north- easterly to Birch Hill Lane, as laid out by the Selectmen and shown upon a plan on file in the ()face of the Town Clerk, dated January 31 , 1972 , and to authorize the Selectmen to take by eminent domain, purchase or other- wise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10 :52 P. M. Article 75. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Worthen Road from Pleasant Street a distance of 2069 feet, more or less, north- westerly to the limit of thepreviously accepted portion of Worthen Road, as laid out by the Selectmen and shown upon a plan on file in the bffice of the Town Clerk, dated January 31, 1972 , and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10 :52 P. M. 4) 4) A 004 Article 76. Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Maureen- Road from East Street a distance of 503 feet, more or less, southerly to Emerson Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972, and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried Unanimously 10 :53 P. M. Article 77 . Presented by Alfred S. Busa. MOTION: To establish as a town way and accept the layout of as a town way Emerson Road from .a distance of 140 feet, more or less, east of the center line of Maureen Road to a distance of 393 feet, more or less, west of the center line of Maureen Road, as laid out by the Selectmen and shown upon a plan on file in the office of the Town Clerk, dated January 31, 1972 , and to authorize the Selectmen to take by eminent domain, purchase or otherwise acquire any fee, easement or other interest in land necessary therefor. Carried by voice vote. , 10 :55 P. M. MOTION: To raise and appropriate for land acquisition and for construction of the ways enumerated in Articles 66 to 77 , inclusive, the sum of $500.00. Carried Unanimously 10 :55 P. M. Article 78. Presented by Allan F. Kenney. MOTION: That the action of the Board of Selectmen in accepting on behalf of the Town a deed from Village Development Corporation conveying to the Town a parcel of land containing 21,698 square feet, more or less, and shown as Lot "B" on plan entitled "Village Circle Subdivision Plan of Land Lexington, Mass. " , dated May 12, 1969, by E. Conrad Levy & Assoc. , be and hereby is ratified, confirmed and adopted. Carried by voice vote. .10 :56 P. M. Article 79. Allan F. Kenney moved that this article be postponed until after Article 98. 10:57 P. M. John R. Holt moved to reconsider Article 39 at this time but his motion was ruled out of order by the Moderator. 10:58 P. M. Article 79. Motion, as offered by Mr. Kenney, that Article 79 be (Cont. ) postponed until after Article 98 was carried unanimously. 10:58 P. M. James Cataldo moved that the meeting be adjourned to Tuesday, April 4 , 1972 at 8 P. M. 10:58 P. M. Allan F. Kenney moved to amend the motion to adjourn to Wednesday, April 5, 1972, 8 P. M. in Cary Memorial Hall. 10:58 P. M. Mr. Kenney' s amendment adopted at 11 P. M. Main motion, as amended, declared carried by voice vote. (Meeting adjourned to Wednesday, April 5, 1972, 8 P. M. in the Cary Memorial Hall. ) 11 P. M. 341,1 / , ' i Mary R. McDonough, Town Clerk 3 3 o ADJOURNED TOWN MEETING HELD APRIL 5 , 1972 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. , at 8 :10 P. M. in the Cary Memorial Hall. There were 185 Town Meeting Members present. Invocation was offered by Rev. R. Reinhold Abele of the Pilgrim Congregational Church. 8 :12 P. M. Otis S. Brown, Jr. , with the consent of Robert B. Kent, Jr. who had originally served notice of reconsideration of Article 34 , moved to reconsider Article 34 . 8 :13 P. M. After much discussion, Mr. Brown' s motion to reconsider Article 34 is declared lost by voice vote. 8 :41 P. M. Article 80. Presented by Donald M. Graham. MOTION: To amend the Zoning By-Law as follows : A. By striking out the words "standard or par-three golf course" in the enumeration of permitted uses in paragraph 25.24 of Section 25 --USE REGULATION SCHEDULE; B. By striking out the words "Skating rinks" in the enumeration of permitted uses in paragraph 25.26 of Section 25 -- USE REGULATION SCHEDULE: C. By striking out in its entirety paragraph 25.27 of Section 25 -- USE REGULATION SCHEDULE; D. By inserting a new paragraph 25.27 containing in the column captioned "As a Principal Use" the following enumeration: °Buildings not exceeding 30 ,000 square feet ground coverage per lot and outdoor facilities for tennis, paddle tennis, badminton, handball, volleyball, basket- ball and other similar games on fixed courts, ice skating, ice hockey, sledding, curling, ski slopes and lifts, archery, target ranges with adequate noise protection, standard or par-three golf courses, horseback riding, swimming, water polo and other water sports not involving boats; all of the above primarily for partici- pant and not for spectator use and, except as the Board of Appeals may permit under specific conditions or at certain times, no spectator fees shall be charged" and in the columns captioned by the designation of the several zoning districts the symbol "SPS" ; E. By adding in the explanation of the symbol for special permit uses requiring site plan review "SPS" in Section 24 following the word "buildings" the words "or land inprovements, including grading and outdoor structures" . 8 :43 P. M. Mr. Graham presented the Report of the Planning Board and stated that the Planning Board unanimously favors passage of this article. 8 :48 P. M. Charles F. Gallagher, Jr. stated that the Recreation Committee is in agreement with the Planning Board on this article. 8 :50 P. M. 336 Article 80. Ephraim Weiss moved to amend Article 80 by striking (Cont. ) out paragraph D in its entirety and replacing the letter E at the beginning of the last paragraph with the letter D. 9 :03 P. M. Motion to amend, as offered by Mr. Weiss, declared lost by voice vote. 9 :13 P. M. James M. McLaughlin moved to table Article 80 which was declared lost by voice vote. 9 :15 P. M. Richard E. Bayles moved to amend Article 80 by striking out in paragraph D the words "of the several zoning districts the symbol "SPS" " . By inserting in its place "RO, RS, RT and RM districts the symbol "no" , and all other zoning districts the symbol "SPS" : " . 9:15 P. M. Jack L. Mitchell moved to refer this article back to the Planning Board for further study. 9 :20 P. M. Motion to refer, as offered by Mr. Mitchell, declared lost by voice vote. 9:22 P. M. Motion to amend, as offered by Mr. Bayles, declared lost by voice vote. 9 :22 P. M. M. Chandler Crocker, II moved the previous question which was declared carried by voice vote. 9:23 P. M. Standing vote on main motion as follows: Precinct In Favor Tellers Opposed 1 3 Arthur E. Burrell 21 2 5 Michael J. O'Sullivan 18 3 5 Frank T. Samuel 19 4 9 Walter T. Kenney, Jr. 16 5 5 Temple E. Scanlon 21 6 6 Richard A. Michelson 17 Boards & At Large 9 Howard L. Levingston 18 42 130 Motion, as offered by Mr. Graham, declared lost. 9 :26 P. M. Article 81. Presented by Eric T. Clarke. (Approved MOTION: To amend the Zoning By-Law by striking out in by paragraph 25.63 of Section 25 thereof in the column Attorney captioned "As a Principal Use" the words "drive-in General, restaurants and other places for serving food, except Robert H. diner or lunch cart; " and by adding at the beginning Quinn, of paragraph 25.69 of said Section 25 in the column August captioned "As a Principal Use" immediately preceding 17, 1972. ) the words "Dinersor lunch carts" the words "Restaurants and other places for serving food, including those specializing in drive-in or take-out service. " 9 :32 P. M. Mr. Clarke presented the Planning Board Report. 9 :32 P. M. Mr. Clarke' s motion carried unanimously. 9:32 P. M. t 3, 3 7 Article 82. Presented by Lois W. Brown. MOTION: To raise and appropriate the sum of $8 ,500.00 to be expended under the supervision of the Planning Board, for professional consultants and for expenses incurred by the Planning Board, to make studies and plans provided for by Sections 81C and 81D of Chapter •41 of the General Laws of various tracts of vacant lands which the Planning Board expects to be developed, such studies to include, but not to be limited to, suitability of the tracts for development, evaluation of soil conditions, the impact of the proposed develop- ment on the tract itself, the adjacent areas and the environment generally, the changes in water table and drainage characteristics, and the modifications, • limitations and restrictions necessary or recommended to reduce the undesirable effects of development of such tracts; and to authorize the Planning Board or the Selectmen on behalf of the Town to apply for and receive any Federal or State grants or reimbursement for which such studies may be eligible. 9 :33 P. M. Mrs. Brown presented the Report of the Planning Board. 9 :40 P. M. Wendy S. Pease read the Report of the Conservation Commission supporting the Planning Board. (Report was not filed. ) 9 :41 P. M. Margaret Wood stated that the League of Women Voters supported Article 82. 9 :42 P. M. Motion, as offered by Mrs. Brown, carried by voice vote. 9:43 P. M. The Moderator called a three minute recess. 9 :44 P. M. The meeting was again called to order by the Moderator at 9:51 P. M. Lois W. Brown moved that Article 99 be taken up out of order and at this time. Carried Unanimously 9 :53 P. M. Article 99. Presented by Frank I. Michelman. MOTION: That the sum of $500.00 be raised and appropriated, for the use of the Lexington Housing Authority to defray, in whole or in part, the costs of studying, planning, or administering participation by the said Authority, as now or hereafter provided by law, in programs financially assisted by agencies of the government of the United States or of the Common- wealth of Massachusetts designed to provide opportunities to families of low or moderate income to occupy and acquire ownership interests in decent, safe, and sanitary housing, by means which avoid undue geographi- cal concentration of financially assisted housing and allow provision of such housing in a manner consistent with development existing in districts designated RO, RS, and RT under the Zoning By-Law. 9 :55 P. M. This article is sponsored by the Commission on Suburban Responsibility. The League of Women Voters and the Lexington Housing Authority are in favor of this article. Motion, as offered by Mr. Michelman, carried unanimously. 10 :02 P. M. 338 Article 83. Presented by Lois W. Brown. MOTION: That the General By-Laws be amended by adding to Article VI thereof a new Section 16 as follows : In addition to any authority now or hereafter vested in them by law or by any special or standing vote of the Town, the Selectmen may sell and convey to any public agency or nonprofit corporation or cooperative, for less than fair market value, any lots meeting the requirements of the Lexington Zoning By-Law for buildable lots (including such lots conforming to the provisions of subsection 26.5 thereof) now or hereafter taken, or otherwise acquired, for nonpayment of taxes, the right of redemption of which has been or shall be foreclosed or otherwise terminated, upon such terms and conditions as the Selectmen shall deem proper and also as they may deem necessary to assure that each such lot or combina- tion of lots so conveyed will have a frontage of not less than 45 feet and will be used to provide housing for not more than one household of low or moderate income eligible to be assisted under any government program designed to provide such housing, in which housing such occupants will have the opportunity to acquire ownership or equity interests; provided that any such proposed sale or conveyance shall first have been referred to the Planning Board for its report on whether or not such sale or conveyance, and associated proposed development, is consistent with local policies concerned with housing and land use and is a suitable development with regard to the area surrounding the parcel to be conveyed or sold, and either such report has been received or forty-five days have elapsed after such reference; and provided further that no lot shall be sold or conveyed under this section if its area exceeds 30,000 square feet; and provided further that not more than five such dwellings shall be located within any circle 10 acres in area. 10 :04 P. M. Wendy S. Pease moved to substitute "The Lexington Housing Authority" for the words "any public agency or non- profit corporation or cooperative" as found in lines 2-3 of the printed text. 10 :15 P. M. Mrs. Brown stated that a majority of the Planning Board feel that such a limitation as in this amendment is unwise. 10 :18 P. M. Standing vote on amendment as offered by Mrs. Pease : Precinct In Favor Tellers Opposed 1 12 Arthur E. Burrell 15 2 13 Michael J. O'Sullivan 11 3 6 Frank T. Samuel 17 4 9 Walter T. Kenney, Jr. 13 5 7 Temple E. Scanlon 16 6 9 Richard A. Michelson 13 Boards & At Large 13 Howard L. Levingston 19 69 104 Amendment, as offered by Mrs. Pease, lost. 10 :28 P. M. :3 3 9 Article 83. Wendy S. Pease moved to insert, in place of the words (Cont. ) "and either such report has been received, " as found in the sixth line from the end of the Article as printed in the warrant, the following: "and also referred to the Housing Authority for its report on whether the proposed housing (considering such factors as size, layout, location, management, ownership structure, and financial terms) will be a suitable response to actual local and area needs for low and moderate cost housing, and either such reports have been received" etc. 10:28 P. M. Allan F. Kenney stated that the Board of Selectmen unanimously oppose this amendment and are four to one in favor of the main motion. 10:31 P. M. Motion to amend, as offered by Mrs. Pease, declared lost by voice vote. 10:34 P. M. Alfred S. Busa moved that this article be indefinitely postponed. 10:35 P. M. Lois W. Brown stated that the Planning Board is in favor of the main motion and the Planning Board Report is placed on file. 10:39 P. M. Mr. Busa' s motion to indefinitely postpone Article 83 declared lost by voice vote. 10:45 P. M. John T. Harvell moved to amend by adding after the words "any lots" the words "not to exceed a total of 38 such lots on a town wide basis" . 10:45 P. M. Mr. Harvell 's motion to amend declared carried by voice vote. 10:50 P. M. Paul A. Plasse moved to amend Article 83 by adding after the words "or non-profit corporation or cooperative, the words "after first offering any land in question to the Lexington Housing Authority" . 10:50 P. M. Mr. Plasse 's motion to amend declared lost by voice vote. 10:52 P. M. Manfred P. Friedman moved the previous question which was declared carried by voice vote. 10:52 P. M. Main motion, as amended by Mr. Harvell , now reads: MOTION: That the General By-Laws be amended by adding (Approved to Article VI thereof a new Section 16 as follows : by Attorney In addition to any authority now or hereafter vested General, in them by law or by any special or standing vote of the Robert H. Town, the Selectmen may sell and convey to any public Quinn, agency or nonprofit corporation or cooperative, for less July 26 , than fair market value, any lots , not to exceed a total 1972. ) of 38 such lots on a town wide basis, meeting the re- quirements of the Lexington Zoning By-Law for buildable lots (including such lots conforming to the provisions of subsection 26.5 thereof) now or hereafter taken, or 340 Article 83. otherwise acquired, for nonpayment of taxes, the right (Cont. ) of redemption of which has been or shall be foreclosed or otherwise terminated, upon such terms and conditions as the Selectmen shall deem proper and also as they may deem necessary to assure that each such lot or combina- tion of lots so conveyed will have a frontage of not less than 45 feet and will be used to provide housing for not more than one household of low or moderate income eligible to be assisted under any government program designed to provide such housing, in which housing such occupants will have the opportunity to acquire ownership or equity interests; provided that any such proposed sale or conveyance shall first have been referred to the Planning Board for its report on whether or not such sale or conveyance, and associated proposed development, is consistent with local policies concerned with housing and land use and is a suitable development with regard to the area surrounding the parcel to be conveyed or sold, and either such report has been received or forty-five days have elapsed after such reference; and provided further that no lot shall be sold or conveyed under this section if its area exceeds 30,000 square feet; and provided further that not more than five such dwellings shall be located within any circle 10 acres in area. Motion presented under Article 83 , as amended by Mr. Harvell, declared carried by voice vote. 10 :52 P. M. J. Keith Butters moved that the meeting be adjourned to Monday, April 10, 1972, 8 P. M. in the Cary Memorial Hall. 10 :53 P. M. Allan F. Kenney stated that the Moderator would not be able to be present at the meeting if it were adjourned to Monday, April 10th. 10 :53 P. M. Allen Lee Whitman, Jr. moved to amend to adjourn to Wednesday, April 12, 1972 at 8 P. M. in this hall. 10 :55 P. M. Robert A. Bowyer moved to amend to adjourn to Wednesday, April 12, 1972 at 7 :30 P. M. 10 :57 P. M. Robert V. Whitman moved to amend to adjourn to Monday, April 10, 1972, 8 P. M. in the Cary Memorial Hall. 10 :58 P. M. It was stated that former Moderator, Robert B. Kent, would be available for the Monday, April 10th meeting. Motion to amend, as presented by Robert V. Whitman, declared carried by voice vote. 10 :59 P. M. Mr. Butter' s motion, as amended. by Robert V. Whitman, (meeting to adjourn to Monday, April 10, 1972, 8 P. M. in Cary Memorial Hall) carried by voice vote. 11 P. M. /41A1 >x, Mary R. McDonough, Town Clerk 6040 ADJOURNED TOWN MEETING HELD APRIL 10, 1972 The meeting was called to order by the Moderator, Lincoln P. Cole, Jr. at 8 :08 P. M. There were 193 Town Meeting Members present. Invocation offered by Rev. Theodore Stylianopoulos of the St. Nicholas Greek Orthodox Church. 8 :09 P. M. The Moderator, Mr. Cole, stated that he would leave the podium because of a meeting that he had to attend and turned the meeting over to the Town Clerk, Mary R. McDonough. 8 :10 P. M. The Town Clerk asked for nominations from the floor for a temporary Moderator. 8 :10 P. M. Allan F. Kenney moved that Robert B. Kent be nominated for the Temporary Moderator. Mr. Kenney's motion was seconded by Natalie H. Riffin. 8 :10 P. M. Stephen T. Russian moved that nominations be closed which was carried by voice vote. 8 :11 P. M. Mr. Kenney' s motion to nominate Robert B. Kent as Temporary Moderator was declared carried by voice vote. 8 :12 P. M. Mr. Kent was sworn to the faithful and impartial performance of his duties as Temporary Moderator by the Town Clerk. 8 :12 P. M. Article 84. Presented by Lois W. Brown. MOTION: To amend the Zoning By-Law bY changing the zoning of the land described below from RM-multi family dwelling district to RS-one family dwelling district (Approved and by revising the Zoning Map and the Zoning District by Map to delete said land described below as tracts I and Attorney II from RM-multi family dwelling district: General, Robert H. Tract I: beginning at a point in the northerly line Quinn, of Winthrop Road, said point being at the junction of August curves of 583.04 and 2375.37 feet radius; thence gen- 17, erally northeasterly turning to the left by a curve of 1972. ) 29.15 feet radius, a distance of 29.12 feet; thence 17.80 feet N 40° 00' 30" E; thence 86.32 feet N 41° 58 ' 10" W; thence 339.48 feet N 43° 32 ' 30" W; thence 179.16 feet N 45° 21' 50" E; thence 79.65 feet N 45° 05' 50" E; thence 18.95 feet, more or less,. N 41° 36 ' 00" E; thence 441.37 feet S 72° 27 ' 57" E by land now or formerly of the Lexington Housing Authority; thence 277.77 feet N 39° 47 37" E by said Housing Authority land; thence 272.64 feet N 19° 22' 50" W by said Housing Authority land; thence 317.22 feet S 79° 22 ' 50" E; thence generally southwesterly 135.11 feet by a curve of 530.00 feet radius; thence 918.95 feet S 39° 47 ' 37" W by now or formerly the middle line of the Vine Brook; thence generally westerly 102.26 feet by the northerly line of Winthrop Road to the point of be- ginning; containing 6.05 acres, more or less; Tract II: beginning at a point in the southerly line of Waltham Street, as relocated by the Middlesex County Commissioners in July of 1925, said point being 156 .95 feet N 27° 32 '. 03" E from the northerly end of a curve of 640.40 feet radius; thence by said line of Waltham Street 34 .02 feet, more or less, N 27° 32 ' 03" E; thence 342 Article 84. by land now or formerly of the Lexington Arts and Crafts (Cont.) Society, Inc and by land shown on Land Court Plan 9469-N as lot 17K by two courses 151.89 feet S 79° 24' 57" E and 95.53 feet S 79° 22'. 50" E; thence by land now or formerly of the Lexington Housing Authority 103.11 feet S 26° 49' 00" W; thence by said Housing Authority land 91.74 feet N 63° 11' 00" W; Thence 55.63 feet N 26° 49' 00" E; thence 129.95 feet N 79° 24 ' 57"; thence turning to the left or more southwesterly 28.94 feet by a curve of 30.00 feet radius; thence 1.5 feet, more or less, N 63° 11' 00" W to the point of beginning; containing 0.26 acre, more or less. 8:18 P. M. Lois W. Brown submitted the Report of the Planning Board which unanimously recommended the adoption of the zoning amendment under Article 84. 8 :18 P. M. Main motion, as offered by Mrs. Brown, carried unanimously. 8:19 P. M. Article 85. Presented by Allan F. Kenney. MOTION: To rescind the authority granted to the Selectmen by vote adopted under Article 99 of the Warrant for the 1970 Annual Town Meeting except so far as it relates to Parcel B and Parcel E conveyed to the Lexington Housing Authority by twodeeds dated December 20, 1971, recorded in Middlesex South District Registry of Deeds in Book 12134, Page 637 , and Book 12134 , Page 634. Carried Unanimously 8 :20 P. M. Article 86. Presented by Allan F. Kenney. MOTION: That the Selectmen be and they hereby are authorized to abandon such portions of the sewer ease- ment and temporary sewer construction easements adjacent thereto in lands of Frederic S. Cohen et ux, Charles K. Chiklis et ux, Peter F. Marciano et ux, Allen I. Shiner et ux and Carl J. .Kasabian et ux as are no longer required by the Town, said easementshaving been acquired by the Town by eminent domain by Order dated May 24, 1971, recorded in Middlesex South District Registry of Deeds, Book 12007, Page 349; that the minimum amount to be paid for such abandonment shall be $1.00; and that the instrument of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. Carried Unanimously 8 :22 P. M. Article 87. Presented by Allan F. Kenney. MOTION.: To accept Section 22D of Chapter 40 of the General Laws which is an Act authorizing the Selectmen to adopt, amend, alter or repeal rules and regulations relative to the removal of vehicles parked or standing on ways under the control of the Town in such a manner as to impede the removal or plowing of snow or ice or in violation of any rule or regulation which prohibits such parking or standing of vehicles. Carried by voice vote. 8:23 P. M. Article 88. Presented by Allan F. Kenney. MOTION: That_.the.. Selectmen..be and they hereby are authorized to sell, as one lot or, in separate lots, to the highest bidder or bidders, or in such manner and on such other terms and conditions as the Selectmen may determine to be in the interest of, the Town, certain equipment and material of the Public Works Department 343 Article 88. that is no longer required by it, including 1 LeRoi (Cont. ) Model H2000 - 8 cylinder gasoline engine with 1 150 KW, 240 volt electric machinery synchronous generator with Clark controls, 3 Worthington 5-FLC pumps with 50 horse power motors and Clark controls, and miscellaneous piping and valves now stored in the Public Works Building. Carried Unanimously 8 :25 P. M. Article 89. Presented by Allan F. Kenney. MOTION: To extend to the 1973 Annual Town Meeting the time within which the Data Processing Study Committee, established under Article 43 of the 1968 Annual Town Meeting, shall report. Carried Unanimously 8 :25 P. M. Article 90. Presented by Herbert W. Eisenberg. (Approved by Attorney MOTION: To amend the General By-Laws, Article XXIV, General, Section 7, by adding the following phrase: Robert H. Quinn, "except on such as are designated by the Selectmen and July 26 , marked as bicycle paths or routes. " 1972. ) Carried by voice vote. 8:28 P. M. Article 91. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously 8 :29 P. M. Article 92 .. Presented by Stephen T. Russian. MOTION: That the Selectmen be and they hereby are (See page authorized to abandon the easement to enter upon and to 348) flow the water of Butterfield's Pond and its tribu- taries over the parcel described as "1. A Parcel of land in Lexington on the easterly side of Lowell Street containing about 0.3 acres and being a portion of land now or formerly of Angelina Mercadante. ", in the order of taking by the Town dated February 13, 1939 and recorded in Middlesex South District Registry of Deeds, Book 6279, Page 318, said easement in said, parcel being no longer required by the Town; that the minimum amount to be paid for such abandonment shall be $250.00; and that the instrument of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. 8 :30 P. M. Allan F. Kenney stated that the Board of Selectmen supports this article. 8 :32 P. M. Lois W. Brown stated that the Planning Board had no report on this article and had been given no informa- tion up to this point. 8 :36 P. M. Angela E. Frick stated that the Conservation Commission had no information on this article and would like to see a map. 8 :36 P. M. Jack L. Mitchell moved to lay Article 92 upon the table. 8 :36 P. M. Motion to lay Article 92 upon the table was declared carried by voice vote. 8 :37 P. M. 344 Article 93. Presented by Mark Moore, Jr. MOTION: I move that the Town amend the Zoning By-Law A. By changing the land bounded and described below from RS - One family dwelling district to RM - Multi Family (garden apartment) dwelling district, by revising the Zoning Map and by adopting a new Zoning District Map No. RM-5 showing said land as RM Garden Apartment District: A district on the. Easterly side of Bedford Street bounded and described as follows : SOUTHWESTERLY by Bedford Street, 105.25 feet; NORTHWESTERLY by land now or formerly of Carine and Rice, 162.10 feet; SOUTHWESTERLY by land now or formerly of Rice, 125 feet; SOUTHEASTERLY by land now or formerly of Rice, 154.50 feet; SOUTHWESTERLY by Bedford Street, 75 feet more or less; NORTHEASTERLY by land now or formerly of Savage, by a curved line, 38 feet more or less; NORTHWESTERLY by land now or formerly of Savage, 172 feet more or less; SOUTHWESTERLY by land now or formerly of Savage, 133 feet more or less; NORTHWEST- ERLY by land of owners unknown, 185 feet more or less; SOUTHWESTERLY by land of owners unknown, 100.8 feet; NORTHWESTERLY by land now or formerly of W. E. Stickle, 466.39 feet; NORTHEASTERLY by land now or formerly of Tropeano, 155 feet more or less; EASTERLY by land now or formerly of Boston & Maine Railroad, 579 feet more or less; SOUTHEASTERLY by land now or formerly of Lexington Lumber Company, 492 feet more or less; SOUTHWESTERLY by land now or formerly of Balazy, 65 feet; and SOUTHEASTERLY by land now or formerly of Balazy, 129.80 feet to the point of beginning. B. By adding in Section 22 at the end of sub- section 22.4 thereof a new paragraph reading as follows: 22.47 A district between Bedford Street and the Boston & Maine Railroad as shown on the Zoning District Map No. RM-5 entitled RM Garden Apartment Districts, designated thereon 22.47. 8 :40 P. M. Mr. Moore stated that he would abstain from voting on this article. 8 :40 P. M. Mr. Moore asked that Mr. Spaulding and Mr. Kruchen be allowed to assist him in making his presentation. Permission granted. 8 :40 P. M. Lois W. Brown presented the Planning Board Report on this article. The majority of the Board in favor and the minority opposed. 9 :13 P. M. Shirley H. Stolz presented the following petition signed by 171 residents: "We the undersigned are neighboring residents of the 93 unit complex proposed in the above rezoning article of the Town Warrant to be discussed during the Annual Town Meeting beginning March 20, 1972. We are opposed to the development on three basic grounds. Firstly, the density in this area is perhaps the heaviest in town. Secondly, partly as a result of this density, the traffic on Bedford Street has been a problem and has been further aggravated by recent developments of property close to the proposed site. Thirdly, there have been, and continue to be drainage problems in the areas surrounding the proposed condominium site. " 9:15 P. M. '3 t) Article 93. Erik Lund and Charle; H. Cole, 2nd both stated that (Cont. ) they would abstain from voting on this article. 9 :42 P. M. After a lengthy discussion, Paul G. Yewell moved the previous question which was declared carried by voice vote. 9:57 P. M. John R. Holt moved that a roll call vote be taken on Mr. Moore' s motion which was declared lost by voice vote. 9:58 P. M. Standing vote on Mr. Moore's motion taken as follows: Precinct In Favr Tellers Opposed 1 12 Logan Clarke, Jr. 12 2 9 Michael J. O'Sullivan 14 3 15 Frank T. Samuel 12 4 20 Joseph O. Rooney 4 5 11 Anthony L. Mancini 16 6 14 Richard A. Michelson 10 Boards & At Large 20 Howard L. Levingston 10 101 78 Less than the required two-thirds having voted in favor, the motion of Mr. Moore is not adopted. 10:02 P. M. Temporary Moderator, Robert B. Kent, stated that as he saw the Moderator, Lincoln P. Cole, Jr. , back in the hall he would call for a two minute recess and turn the gavel over to Mr. Cole. 10:02 P. M. The meeting was again called to order by Moderator, Mr. Cole, at 10:08 P. M. Mark Moore, Jr. served notice of reconsideration of Article 93. 10:10 P. M. Article 94. Mark Moore, Jr. moved to lay Article 94 upon the table. Carried by voice vote. 10:10 P. M. Article 95. Presented by Frank H. Totman, Jr. MOTION: To amend the Zoning By-Law A. By changing the land bounded and described below from RO -- One Family dwelling district to RM -- Multi Family (garden apartment) dwelling districts, by revising the Zoning Map and by adopting a new Zoning District Map, No. RM-5 showing land as RM Garden Apartment District: A district off Concord Avenue and northerly of said Concord Avenue, bounded and described as follows: (Mr. Totman stated that the description is as printed in the warrant and wished the reading of the description to be dispensed with. No objections were raised from the Town Meeting, therefore Mr. Totman did not read the following description:) 346 Article 95. Commencing at a point in. the Northeasterly line of (Cont. ) Concord Avenue at land of Foster, atthe end of a face wall and one hundred fifty-eight and 73/100 (158 .73) feet, Southeasterly from the County Commissioners stone bound; thence running North '30 .degrees .34' 30" East, one hundred thirty-two and 15/100 (1,32.15) feet by said land of Foster to a drill hole in the base of a set wall; thence turning and running North, 43 degrees, 48 ' West, along said land of Foster, seventy-nine and 9/10 (79.9) feet to a .drill hole; thence running North, 30 degrees, 6" West by saidland of Foster thirty-one and 9/10 (31.9) feet to a drill hole at a corner; thence turning and running.North, 37 degrees, 23' East, along land of said Foster seventy-three and 9/10:. (73.9) feet to a point; thence running North 17 degrees, 23' East, by said land of Foster seventeen and: 2/10 (17.2)'. feet to another point; thence running North 43 degrees, 10' East along said land of Foster, three hundred ninety- six and 8/10 (396.1) feet to a point in the stone wall; thence continuing by said land of Foster North 42 degrees 9' East, one hundred seventy-seven and 3/10 (177.3) feet to a corner in a stone wall at land of Bedell; thence turning and running South 50 degrees, 20' , 30" East by land of Bedell, two hundred ninety- eight and 95/100-(298.95) feet to a cross wall; thence running South 56 degrees East, by said land of Bedell, two hundred sixty-four and 6/10 (264.6) feet to a corner; thence turning and running South, 40 degrees, 58' West by land of Condon, thirty-three and 5/10 (33.5) feet to a cross wall; . thence running South 58 degrees, 16' , 20" West by said land formerly of Condon and by land of Fuller, five hundred ninety and 9/10 (590.9) feet to a point in said wall; thence running South, 57 degrees, 28' , 30" West by land of Staples, one hundred five and 9/10 (105.9) . feet to a point in said wall; thence running South 55 degrees, 38' West, by land of said Staples, ninety-nine (99) feet to a bend in said wall; thence turning slightly and running South, 36 degrees, 40' West, by said land of Staples five and 8/10 (.5.8) feet to Concord. Avenue; thence turning and running North 61 degrees, 57' ,. 30" West, by said Concord Avenue, one hundred thirty-six and 10/100 (136.10) feet to a point in the North-Easterly lineof said Concord. Avenue; thence running North 63 degrees, 30' Westby said Concord Avenue, seventy-four and 50/100 (74.50) feet to the point of beginning. The above landis shown on 'Plan of Land in Lexington, owned by S. Louise Foster, May 1916' , Henry F. Beal, C.E. , and recorded with Middlesex South District Registry of Deeds. Said land is also shown as Lot 32 on Assessors Property Map. #10 of the Town of Lexington and contains a land area of approximately 7.921 acres. The land belongs to Nishan Haroian and Elizabeth D. Haroian, husband and wife, as tenants by the entirety, both of Lexington, Massachusetts. B. By adding in. Section 22 at the end of subsection 22.4 thereof a newparagraph reading as follows: 22.47 a district off Concord Avenue and northerly of said Concord Avenue as shown on the Zoning District Map No. RM-5 entitled RM Garden Apartment Districts, designated thereon 22.47. 10:15 P. M. William Whalon, David Pavelka and John Crowe were recognized and presented the case for Article 95. 10:48 P. M. 347 Article 95. Donald M. Graham presented the following petition (Cont.) signed by twenty residents: "We, the undersigned, wish to be recorded as opposed to Article 95, of the Town Warrant, which proposes to amend the Zoning By-Law to RM (multi-Family Dwellings) . We are not convinced that the introduction of an apart- ment complex on Concord Avenue would be desirable for the area. " 10:52 P. M. Mr. Graham submitted the Planning Board Report. Majority of the Board recommends unfavorable action and a minority of Board recommends favorable action. 10 :52 P. M. Standing vote on Mr. Totman's motion as follows : Precinct In Favor Tellers Opposed 1 16 Logan Clarke, Jr. 7 2 13 Michael J. O'Sullivan 10 3 16 Frank T. Samuel 8 4 10 Joseph 0. Rooney 13 5 15 Anthony L. Mancini 10 6 13 Richard A. Michelson 13 Boards & At Large 18 Howard L. Levingston 11 101 72 Less than the required two-thirds having voted in favor, the motion, as presented by Mr. Totman, declared lost. 11:07 P. M. Allan F. Kenney moved that the meeting adjourn to Wednesday, April, 12, 1972, 8 P. M. in Cary Memorial Hall. Carried by voice vote. 11:07 P. M. Mary R. McDonough, Town Clerk 6) 4 9) ADJOURNED TOWN MEETING HELD APRIL 12, 1972 Meeting called to order by the Moderator, Lincoln P. Cole, Jr. , at 8:07 P. M. There were 185 Town Meeting Members present. The invocation was offered by Dr. Edwin D. McLane, Minister of Education, Hancock United Church of Christ. 8 :08 P. M. Article 96. Presented by Judith J. Uhrig. MOTION: That article 96 be referred to the Recreation Committee to be reported back at the next annual. Town Meeting, within the context of a comprehensive, long- range recreation proposal. 8:10 P. M. Martha Wood was recognized and she stated that the League of Women Voters recommended referral to the Recreation Committee. 8 :12 P. M. Motion, as presented by Mrs. Uhrig, declared carried by voice vote. 8 :12 P. M. Jack L. Mitchell moved that Article 92 be taken off the table. Carried by voice vote. 8 :12 P. M. Article 92. Stephen T. Russian re-reads the motion. MOTION: That the Selectmen be and they hereby are authorized to abandon the easement to enter upon and to flow the water of Butterfield's Pond and its tributaries over the parcel described as "1. A parcel of land in Lexington on the easterly side of Lowell Street containing about 0.3 acres and being a portion of land now or formerly of Angelina Mercadante. " , in the order of taking by the Town dated February 13, 1939 and recorded in Middlesex South District Registry of Deeds, Book 6279, Page 318, said easement in said parcel being no longer required by the Town; that the minimum amount to be paid for such abandonment shall be $250.00; and that the instrument of abandonment shall be in such form as the Selectmen, by the execution thereof, shall approve. 8 :13 P. M. Mr. Russian stated that he had given a letter to the Moderator to the effect that he would not vote on this article. 8 :13 P. M. Lois W. Brown stated that the Planning Board had just been polled and that they are in favor of Article 92 . 8 :20 P. M. Motion, as presented by Mr. Russian, carried by voice vote. 8 :21 P. M. Mark Moore, Jr. moved for reconsideration of Article 93 . 8 :21 P. M. William J. Scouler moved that motion to reconsider Article 93 be postponed until after action on Article 101. Carried by voice vote. 8 :22 P. M. 3 . mY Article 97. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried Unanimously. 8 :22 P. M. Article 98. Presented by Frank I. Michelman. MOTION: That the General By-Laws be amended by sub- stituting for Section 25 of ARTICLE XXIV thereof a new Section 25 as follows: (a) The Battle Green shall be freely open for the use, enjoyment, and inspiration of all in any manner not forbidden by or pursuant to law or by-law. (b) Portions of the Battle Green may, by order of the Board of Selectmen, be temporarily withdrawn from public access for necessary repair or maintenance. (c) Any person or persons desiring to use the Battle Green for any public meeting, performance, or similar organized activity, which will fully occupy the Green or any substantial portion thereof over a period of time, shall first obtain permission from the Board of Selectmen upon written application to the Board in such form (including reasonable identi- fication of the applicant or applicants) as the Board may prescribe. The. Board shall grant permission as requested unless refusal is necessary for the protection of public health or the safety of persons or property; the prevention of excessive or protracted noise at unsuitable hours; or the avoidance of conflict with previously scheduled activity. The reason or reasons for any refusal of permission shall be stated in the public record. (d) No person shall climb upon, deface, mutilate or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or structure on the Battle Green or there behave or conduct himself otherwise than in a peaceful and orderly manner in keeping with a respect- ful regard and reverence for the memory of the patriotic service and sacrifice there so nobly rendered. (e) Any officer or board which may be charged with responsibilities concerning the Battle Green, either concurrently with or in place of the Board of Select- men, shall exercise such responsibilities in accordance with the provisions of this section. 8 :25 P. M. George S. Silverman moved to amend Article 98, para- graph (c) after the words "as the board may prescribe" add the following sentences : "Such application must be submitted no later than two weeks preceding the event. Applications may be accepted after the filing period has elapsed upon good cause shown. " 8 :40 P. M. Joseph A. Campbell asked the Town Counsel, Donald E. Legro, if it is a proper motion as it relates to the warrant. 8 :43 P. M. Mr. Legro stated that it was within the scope of the article. 8 :43 P. M. Mr. Legro then came to the podium and stated that this was the first time in his ten years as Town Counsel that he had entered into discussion on any article but that he 350 Article 98. felt he must speak on this article. He was very much (Cont.) opposed to this amendment to General By-Laws. 8 :50 P. M. Mr. Silverman's motion to amend was declared lost by voice vote. 8:53 P. M. Louis A. Zehner would prefer adoption of Article 79 but would accept neither Article 79 or 98 and would leave the original by-law stand. 9:02 P. M. Selectman, Sanborn C. Brown spoke in favor of Article 98. 9 :08 P. M. Allan F. Kenney spoke for the majority of the Board of Selectmen (3 to 2) opposed to this article. 9 :18 P. M. Howard L. Levingston moved that this article be indefinitely postponed. 9:22 P. M. Leon A. Burke, Jr. moved the previous question which was declared lost by voice vote. 9:31 P. M. Frank H. Totman, Jr. moved that this motion be referred back to the Selectmen's Committee for report at the next Annual Town Meeting. 9 :32 P. M. Both Mr. Kenney. and Mr. Michelman opposed to the referral motion. 9:33 P. M. The Moderator stated that the time for debate on the motion to refer had expired. 9 :43 P. M. Frank Sandy moved for a suspension of the rules in regard to the time limit for debate. 9:44 P. M. Standing vote on Mr. Sandy's motion to suspend the rules as follows: Precinct In Favor Tellers Opposed 1 6 Logan Clarke, Jr. 18 2 3 Michael J. O'Sullivan 18 3 6 Charles F. Gallagher, Jr. 19 4 11 Alfred P. Tropeano 19 5 9 Stephen T. Russian 13 6 5 Stanley E. Toye 21 Boards & At Large 9 Howard L. Levingston 20 49 128 Motion to suspend the rules declared lost. 9:49 P. M. Mr. Totman's motion to refer is declared lost by voice vote. 9:50 P. M. Voice vote on motion to indefinitely postpone Article 98 was doubted, so a standing vote was taken as follows: 351 Article 98. Precinct In Favor Tellers Opposed (Cont. ) 1 16 Logan Clarke, Jr. 10 2 11 Michael J. O'Sullivan 10 3 21 Charles F. Gallagher, Jr. 7 4 11 Alfred P. Tropeano 15 5 10 Stephen T. Russian 11 6 21 Stanley E. Toye 7 Boards & At Large 17 Howard L. Levingston 11 107 71 Motion to indefinitely postpone Article 98 adopted. 9:53 P. M. Article 79. Presented by Allan F. Kenney. MOTION: That this article be indefinitely postponed. Carried by voice vote. 10:01 P. M. Article 100. Presented by Paul J. MacKenzie. MOTION: That the Town Meeting authorize a committee to study the feasibility of providing public trash collection in the Town of Lexington and that the aforesaid committee shall consist of five (5) citizens; one to be appointed by the Board of Selectmen, one to be appointed by the Planning Board and three to be appointed by the Moderator of whom one shall be designated Chairman. This committee shall report the findings of their study no later than the 1973 Annual Town Meeting. 10:02 P. M. Edward E. Furash stated that the Appropriation Committee is opposed to this article. 10:07 P. M. Standing vote taken as follows: Precinct In Favor Tellers Opposed 1 15 Logan Clarke, Jr. 10 2 7 Michael J. O'Sullivan 12 3 13 Charles F. Gallagher, Jr.10 4 12 Alfred P. Tropeano 12 5 10 Stephen T. Russian 10 6 5 Stanley E. Toye 21 Boards & At Large 9 Howard L. Levingston 21 71 96 Not Adopted. 10:10 P. M. Article 101. Presented by Edward E. Furash. MOTION: To appropriate the sum of $68,000.00 from the Excess and Deficiency Account toward the reduction of the 1972 tax rate. Carried by voice vote. 10:13 P. M. Frank Sandy moved that the meeting be dissolved but was ruled out of order by the Moderator. 10:15 P. M. The Moderator stated that the meeting was now open on the motion to reconsider Article 93. 10:15 P. M. 3 52 Mark Moore, Jr. spoke on his motion to reconsider Article 93. 10:15 P. M. Mr. Sly of Spaulding and Sly was recognized and gave his reasons for wanting reconsideration of Article 93. 10:22 P. M. After general discussion, a standing vote was taken on the motion to reconsider Article 93. Precinct In Favor Tellers Opposed 1 13 Logan Clarke, Jr. 9 2 5 Michael J. O'Sullivan 16 3 13 Charles F. Gallagher, Jr. 12 4 14 Alfred P. Tropeano 11 5 8 Anthony L. Mancini 13 6 12 Stanley E. Toye 13 Boards & At Large 19 Howard L. Levingston 10 84 $4 Motion to reconsider Article 93 is not adopted. . 10:55 P. M. Mark Moore moved to take Article 94 off the table which was carried by voice vote. 10:55 P. M. Article 94. Presented by Mark Moore, Jr. MOTION: That this article be indefinitely postponed. Carried by voice vote. 10:56 P. M. Allan F. Kenney moved that the meeting be dissolved. Carried by voice vote. 10:56 P. M. 9e , At i , 41-tArei. Mary R. McDonough, Town Clerk Ernest A. Giroux, 10 Oakmount Circle, resigned as a Town Meeting Member in Precinct Three as of April 14 , 1972. Doreen D. Plasse, 197 Cedar Street, next in line at the March 6 , 1972 Annual Town Election, was moved up and accepted as of April 20, 1972, Town Meeting Membership in Precinct Three, filling the vacancy caused by the resignation of Mr. Giroux. Term expires in March 1973 . 1